Vermont Statutes Annotated

Vt. Stat. Ann. tit. 14, § 314 (2026)

✓ current as of May 2026

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Subchapter 002 : SURVIVORS' RIGHTS AND ALLOWANCES

(Cite as: 14 V.S.A. § 314)

§ 314. Share of heirs other than surviving spouse

(a) The balance of the intestate estate not passing to the decedent’s surviving spouse under section 311 of this title passes to the decedent’s descendants by right of representation.

(b) If there is no taker under subsection (a) of this section, the intestate estate passes in the following order:

(1) to the decedent’s parents equally if both survive or to the surviving parent;

(2) to the decedent’s siblings and the descendants of any deceased siblings by right of representation;

(3) one-half of the intestate estate to the decedent’s paternal grandparents equally if they both survive or to the surviving paternal grandparent and one-half of the intestate estate to the decedent’s maternal grandparents equally if they both survive or to the surviving maternal grandparent and if decedent is survived by a grandparent, or grandparents on only one side, to that grandparent or those grandparents;

(4) in equal shares to the next of kin in equal degree.

(c) If property passes under this section by right of representation, the property shall be divided into as many equal shares as there are children or siblings of the decedent, as the case may be, who either survive the decedent or who predecease the decedent leaving surviving descendants. (Added 2009, No. 55, § 5, eff. June 1, 2009.)

Notes of Decisions

Cited in 5 cases (3 in the last 5 years), 2009–2026 · leading case: In Re Est. of Lamore, 2009 VT 114 (Vt. 2009).

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In Re Est. of Lamore, 2009 VT 114 (Vt. 2009). “§ 551 was recently repealed, with some of its provisions being recodified in 14 V.S.A. § 314, see 2009, No. 55, §§ 4-5, these legislative changes occurred after the relevant events in this case and do not apply retroactively.”

bixby v. lawrence (Vt. Super. Ct. 2023). “§ 551, the statute in effect at the time of Nellie Bixby’s death, was repealed in 2009, and the the portion relevant here was recodified as 14 V.S.A. § 314(a). There was no substantive change to the relevant provision, necessarily inconsistent with a co-tenancy.”

Renzello v. Browning (Vt. Super. Ct. 2026). “14 V.S.A. § 314. In neither case would the property pass to Plaintiff Renzello either by function of the Trust or by Vermont's probate laws of intestacy.”

Renzello v. Browning (Vt. Super. Ct. 2026). “14 V.S.A. § 314. In neither case would the property pass to Plaintiff Renzello either by function of the Trust or by Vermont's probate laws of intestacy.”

Bixby v. Lawrence (Vt. Super. Ct. 2012). “§ 551, the statute in effect at the time of Nellie Bixby’s death, was repealed in 2009, and the the portion relevant here was recodified as 14 V.S.A. § 314(a). There was no substantive change to the relevant provision.”

— Vt. Stat. Ann. tit. 14, § 314(a) — 2 cases

bixby v. lawrence (Vt. Super. Ct. 2023). “§ 551, the statute in effect at the time of Nellie Bixby’s death, was repealed in 2009, and the the portion relevant here was recodified as 14 V.S.A. § 314(a). There was no substantive change to the relevant provision, necessarily inconsistent with a co-tenancy.”

Bixby v. Lawrence (Vt. Super. Ct. 2012). “§ 551, the statute in effect at the time of Nellie Bixby’s death, was repealed in 2009, and the the portion relevant here was recodified as 14 V.S.A. § 314(a). There was no substantive change to the relevant provision.”

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